Investigation clears deputy who shot suspect in Fareway attack

An investigation has cleared a Delaware County sheriff's deputy who shot and injured an Illinois man who, authorities said, had killed a Fareway employee in Monticello in November.

Delaware County Attorney John Bernau, in a news release, said Deputy Matt Menard’s actions “were reasonable and legally justified under Iowa law, and he will face no criminal liability.”

Nathan Russell, 39, of East Dubuque, Ill., was charged with first-degree murder, going armed with intent and being a felon in possession of a firearm in relation to the Nov. 7 shooting death of Aaron McAtee, 48, of Monticello. Russell has pleaded not guilty.

McAtee worked at Fareway and was outside near the loading dock early that morning when Russell is accused of driving by and opening fire. According to a criminal complaint, witnesses told police that McAtee was shot from a rifle pointed out the driver’s window of a black sedan with Illinois license plates.

Officers believed Russell was connected with the car because of interactions they’d had with him the night before. Monticello police put an alert out to nearby agencies to watch for the sedan and Russell.

Police say Russell fled into nearby Hopkinton, where he was found by Menard. The complaint states the deputy attempted to arrest Russell, but Russell was uncooperative and the deputy shot and wounded him.

Russell was transported to the University of Iowa Hospitals and Clinics for treatment and was being held on a cash-only $1 million bail.

Officers found a rifle in Russell’s vehicle, and multiple shell casings consistent with the gun having been shot from inside the car, according to the criminal complaint. Multiple security cameras also captured video images of the black sedan in the area during the time right before and right after the shooting, the complaint states.

Based on a review of investigative material collected by the Iowa Division of Criminal Investigation, Bernau said “the level of force used by Deputy Menard in shooting Russell was reasonable under the circumstances of the moment, to not only protect his own life, but also the lives of nearby citizens.”

Bernau added he determined Menard “acted in accordance with his training and experience.” The news release states Menard is a 25-year veteran of law enforcement, including the past 14 years with the Delaware County Sheriff’s Office.

Russell currently has a trial date scheduled for Jan. 23 in Jones County.

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